IN THE MATTER OF THE MENTAL HEALTH ACT CAP. 248 LAWS OF KENYA
IN THE MATTER OF LWK (A PERSON SUFFERING FROM MENTAL ILLNESS)
1. GMT filed an Application dated 5th May, 2026 seeking the following orders:
a) Spent;
b) That LWK be declared as a person with disability as defined under the Persons with Disabilities Act 2025.
c) That the Petitioner, George Makumi Thiaka, be appointed as the legal guardian of the said LWK.
d) That the costs of the Petition be borne by the estate of the said LWK.
e) Such other or further orders as may be necessary to preserve the interests and welfare of the said LWK.
2. At the hearing, LWK informed the court that she has been unwell for about 5 years and has been staying with the nephew, who is the Petitioner herein. She expressly stated that she had no restrictions on the nephew managing her affairs until she recovers.
3. At the hearing, the Petitioner stated that he held a power of attorney granted by LWK before her condition deteriorated. He stated that LWK suffered from dementia, which had resulted in loss of memory and recognition.
4. The affidavit in support of the application states that LWK is currently on medication and will continue to be on medication in the future. Due to her medical condition and advanced age, it is not realistically expected that she will recover sufficiently or undertake any of her previous responsibilities with any ability or competence.
5. He further stated that he had confirmed that all the properties he had listed belonged to LWK, having conducted the necessary searches and being in the process of processing titles for some sales.
6. He informed the court that he understood his responsibility as the legal guardian of LWK, who was unable to manage her affairs due to illness, which curtails her from carrying out her business of buying and selling land parcels. Further, that due to her mental health condition, some transactions have resulted in cases being filed against her and he wishes to act on her behalf in the said court proceedings. He affirms that LWK granted him the power of attorney back in 2022 before her condition deteriorated.
7. The Petitioner cites medical evidence from a consultant surgeon dated 17 th March, 2023 and another report from a consultant physician/neurologist dated 17 th May, 2025. The reports highlight her mental and cognitive deficiencies. The reports show that she is not in a proper state to handle her own affairs.
Analysis and determination
8. The Court has considered the Application and the evidence on record. The application has been brought under the Persons with Disabilities Act and the Mental Health Act. The issues for determination before this Court are as follows:
i. Whether the Subject should be declared as suffering from mental illness;
ii. Whether the Petitioner should be appointed guardian and manager of the estate of the Subject as prayed.
Whether the Subject should be declared as suffering from mental illness pursuant to the Mental Health Act , Cap 248
9. The Mental Health Act provides for the care of persons who are suffering from mental illness, custody of their persons and for the management of the estate of such persons. Section 2 of the Act defines “person with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes— (a) a person diagnosed with alcohol or substance use disorder; and (b) a person with suicidal ideation or behaviour.”
10. The Persons with Disabilities Act (Act No. 4 of 2025) defines “persons with disabilities” to include persons with long-term physical, mental, intellectual, developmental or sensory impairments, including visual, hearing or albinism, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
11. The medical reports indicate that LWK suffers from severe mental and cognitive deficiencies consistent with advancing progressive dementia. The history given in both assessments is that she has difficulty managing everyday activities and that her condition has not improved over time.
12. The Court has reviewed the evidence and medical documentation provided and is satisfied that the Subject suffers from a mental illness and lacks the capacity to manage her own affairs.
Whether the Petitioner should be appointed as guardian and manager of the estate of the Subject:
13. In re Application on Behalf of Peter Ng'ang'a Muturi (Petition E072 of 2024) [2024] KEHC 10407 (KLR) (Family) (23 August 2024) (Judgment) Riechi J held:
“This court has power to appoint guardian and managers of the estate while the court has discretion as to who to appoint. The criteria for selection is based on proximity of the Petitioner to the Subject.”
14. The Court has determined that there is a close bond between the Petitioner and the Subject, given that the Petitioner is the Subject’s nephew. The nephew has demonstrated a solid understanding of the real estate business in which the Subject has been engaged and has further shown active participation by accompanying the Subject in various transactions involving the purchase and sale of land.
15. Further, the Petitioner’s suitability for the appointment has been validated by the Subject’s immediate family, represented by the Subject’s brother, who has given their full consent for the Petitioner to take on this role.
16. The Petitioner has submitted adequate evidence demonstrating that the LWK is incapable of effectively managing her affairs. Consequently, the prayers in the Application are justified.
Orders:
17. Accordingly, for the reasons set out above, the Petition dated 5 th May, 2026 is allowed in the following terms;
a. The Subject, LWK, is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act .
b. The Court appoints the Petitioner, George Mathumi Thiaka, as the guardian and manager in respect of LWK and grants him custody, care, and management of LWK and her estate.
c. As the manager of the estate of LWK, he is authorized to run her affairs, manage her properties, execute all necessary official instruments, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of his responsibilities;
d. The order above authorizes the Petitioner to protect LWK’s interests in the pending cases filed in various courts of law, for and on behalf of LWK.
e. The Manager shall, by notice in the Gazette, inform the public of the appointment as Manager of the Subject’s Estate;
f. The Petitioner shall render semi-annually an account of dealings therewith to the Court and the Public Trustee, being a full and accurate account of the dealings with the estate of LWK for further orders, as may be appropriate;
g. The Court should be notified promptly if there are positive improvements regarding LWK’s health;
h. The costs of the Application and any incidental costs shall be paid from LWK’s Estate.
18. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI on this 7th day of JULY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Mr. Kamata, Advocate for the Petitioner
IN THE MATTER OF LWK (A PERSON SUFFERING FROM MENTAL ILLNESS)
1. GMT filed an Application dated 5th May, 2026 seeking the following orders:
a) Spent;
b) That LWK be declared as a person with disability as defined under the Persons with Disabilities Act 2025.
c) That the Petitioner, George Makumi Thiaka, be appointed as the legal guardian of the said LWK.
d) That the costs of the Petition be borne by the estate of the said LWK.
e) Such other or further orders as may be necessary to preserve the interests and welfare of the said LWK.
2. At the hearing, LWK informed the court that she has been unwell for about 5 years and has been staying with the nephew, who is the Petitioner herein. She expressly stated that she had no restrictions on the nephew managing her affairs until she recovers.
3. At the hearing, the Petitioner stated that he held a power of attorney granted by LWK before her condition deteriorated. He stated that LWK suffered from dementia, which had resulted in loss of memory and recognition.
4. The affidavit in support of the application states that LWK is currently on medication and will continue to be on medication in the future. Due to her medical condition and advanced age, it is not realistically expected that she will recover sufficiently or undertake any of her previous responsibilities with any ability or competence.
5. He further stated that he had confirmed that all the properties he had listed belonged to LWK, having conducted the necessary searches and being in the process of processing titles for some sales.
6. He informed the court that he understood his responsibility as the legal guardian of LWK, who was unable to manage her affairs due to illness, which curtails her from carrying out her business of buying and selling land parcels. Further, that due to her mental health condition, some transactions have resulted in cases being filed against her and he wishes to act on her behalf in the said court proceedings. He affirms that LWK granted him the power of attorney back in 2022 before her condition deteriorated.
7. The Petitioner cites medical evidence from a consultant surgeon dated 17 th March, 2023 and another report from a consultant physician/neurologist dated 17 th May, 2025. The reports highlight her mental and cognitive deficiencies. The reports show that she is not in a proper state to handle her own affairs.
Analysis and determination
8. The Court has considered the Application and the evidence on record. The application has been brought under the Persons with Disabilities Act and the Mental Health Act. The issues for determination before this Court are as follows:
i. Whether the Subject should be declared as suffering from mental illness;
ii. Whether the Petitioner should be appointed guardian and manager of the estate of the Subject as prayed.
Whether the Subject should be declared as suffering from mental illness pursuant to the Mental Health Act , Cap 248
9. The Mental Health Act provides for the care of persons who are suffering from mental illness, custody of their persons and for the management of the estate of such persons. Section 2 of the Act defines “person with mental illness” means a person diagnosed by a qualified mental health practitioner to be suffering from mental illness, and includes— (a) a person diagnosed with alcohol or substance use disorder; and (b) a person with suicidal ideation or behaviour.”
10. The Persons with Disabilities Act (Act No. 4 of 2025) defines “persons with disabilities” to include persons with long-term physical, mental, intellectual, developmental or sensory impairments, including visual, hearing or albinism, which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
11. The medical reports indicate that LWK suffers from severe mental and cognitive deficiencies consistent with advancing progressive dementia. The history given in both assessments is that she has difficulty managing everyday activities and that her condition has not improved over time.
12. The Court has reviewed the evidence and medical documentation provided and is satisfied that the Subject suffers from a mental illness and lacks the capacity to manage her own affairs.
Whether the Petitioner should be appointed as guardian and manager of the estate of the Subject:
13. In re Application on Behalf of Peter Ng'ang'a Muturi (Petition E072 of 2024) [2024] KEHC 10407 (KLR) (Family) (23 August 2024) (Judgment) Riechi J held:
“This court has power to appoint guardian and managers of the estate while the court has discretion as to who to appoint. The criteria for selection is based on proximity of the Petitioner to the Subject.”
14. The Court has determined that there is a close bond between the Petitioner and the Subject, given that the Petitioner is the Subject’s nephew. The nephew has demonstrated a solid understanding of the real estate business in which the Subject has been engaged and has further shown active participation by accompanying the Subject in various transactions involving the purchase and sale of land.
15. Further, the Petitioner’s suitability for the appointment has been validated by the Subject’s immediate family, represented by the Subject’s brother, who has given their full consent for the Petitioner to take on this role.
16. The Petitioner has submitted adequate evidence demonstrating that the LWK is incapable of effectively managing her affairs. Consequently, the prayers in the Application are justified.
Orders:
17. Accordingly, for the reasons set out above, the Petition dated 5 th May, 2026 is allowed in the following terms;
a. The Subject, LWK, is declared to be a person suffering from a mental illness under Section 26 of the Mental Health Act .
b. The Court appoints the Petitioner, George Mathumi Thiaka, as the guardian and manager in respect of LWK and grants him custody, care, and management of LWK and her estate.
c. As the manager of the estate of LWK, he is authorized to run her affairs, manage her properties, execute all necessary official instruments, and to undertake any other incidental, ancillary, or general acts required for the proper discharge of his responsibilities;
d. The order above authorizes the Petitioner to protect LWK’s interests in the pending cases filed in various courts of law, for and on behalf of LWK.
e. The Manager shall, by notice in the Gazette, inform the public of the appointment as Manager of the Subject’s Estate;
f. The Petitioner shall render semi-annually an account of dealings therewith to the Court and the Public Trustee, being a full and accurate account of the dealings with the estate of LWK for further orders, as may be appropriate;
g. The Court should be notified promptly if there are positive improvements regarding LWK’s health;
h. The costs of the Application and any incidental costs shall be paid from LWK’s Estate.
18. Orders accordingly.
DATED, DELIVERED and SIGNED at NAIROBI on this 7th day of JULY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Mr. Kamata, Advocate for the Petitioner